Resolving the odour issues at Walleys Quarry

Mediation

It is standard practice in any legal dispute for the parties to explore the possibility of a settlement outside of court. The court expects all parties to do this and there can be serious costs consequences at the end of a trial if the court feels that the parties have unreasonably refused to engage in settlement discussions.

At the end of September, once the position on witness evidence and expert’s reports was clear to both parties, the council and Walleys Quarry Limited (WQL) entered into a confidential mediation process to see whether a solution could be reached which would satisfy both parties and avoid the need for a full 4 week trial. 

The mediation process was guided by the former Supreme Court Judge and environmental law specialist the Right Honourable Lord Carnwath of Notting Hill. As a result of that process, the council and WQL were able to agree terms for a settlement which enabled WQL to withdraw their appeal against the notice.

Details of discussions held during the mediation process remain confidential to the parties involved, however the agreement reached at the end of the process is not confidential.

The mediation settlement agreement is available to download.